If you get hurt at work, you may be entitled to workers’ compensation payments and indemnity benefits. Here are a few quick answers to questions you may have about the benefits and how you can access them.
How is your average weekly wage determined after an injury?
According to the New Hampshire Department of Labor, your average weekly wage is determined by collecting all of your gross earnings from the 26 weeks before your injury and then dividing that number by 26. As an employee, you have the right to request documentation of the last 52 weeks so that you can determine which 26 weeks are most beneficial to you.
What if you haven’t been employed for 26 weeks?
If you have not been employed for at least 26 weeks, your actual wages can be compared to the rate of hire to determine the most beneficial rate to use when moving forward with your benefits plan. Injuries that took place after Feb. 8, 1994 are calculated using an average weekly wage. The benefits that you receive cannot exceed 100 percent of your post-tax earnings. If it’s found that your average weekly wage is equal to or less than the minimum compensation rate, then you will receive your full weekly wage but not more than 90 percent of your earnings after tax. If you have more than one employer who is subject to the New Hampshire Workers’ Compensation Statute, then all earnings from those employers may be considered.
Are there any kinds of income that can’t be included in the earnings determination?
Federal income, uninsured self-employment income and unreported earnings can’t be claimed as part of your combined earnings.
If you want to file for these benefits or are having trouble verifying your income, consider speaking with a legal professional. It’s possible to appeal if your case is denied.
Source: New Hampshire Department of Labor, “Weekly Indemnity Benefits,” accessed Oct. 26, 2016